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Registered disabled

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11 years 4 months ago #93810 by mumsgirl
Registered disabled was created by mumsgirl
Hi Bro58,
Hope all is well (as it can be!)
I saw your link re disability etc for the GOV site, and according to the definition I am disabled (mental). I was just wondering if there was such a place to register disabled? I thought there was years ago, but not sure now? Or is that what DLA is for?
I wonder what happens to people that are disabled (to you, me and GPs, but not ATOS/DWP) but are constantly found fit, not fit, etc how will they ever be recognised as disabled because they might not be disabled for a year if the assessents happen , say, every 6 months and they become fit, then not fit etc? Or can you still be recognised as disabled even though you don't claim ESA/DLA but have a GP/consultant diagnosis?
I also note that you can no longer put your postcode in to check for cold weather payments and they say you will get them automatically. They told me the past few years I would get them automatically but I had to ask for them!

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  • bro58
11 years 4 months ago - 11 years 4 months ago #93814 by bro58
Replied by bro58 on topic Re:Registered disabled
mumsgirl wrote:

Hi Bro58,
Hope all is well (as it can be!)
I saw your link re disability etc for the GOV site, and according to the definition I am disabled (mental). I was just wondering if there was such a place to register disabled? I thought there was years ago, but not sure now? Or is that what DLA is for?
I wonder what happens to people that are disabled (to you, me and GPs, but not ATOS/DWP) but are constantly found fit, not fit, etc how will they ever be recognised as disabled because they might not be disabled for a year if the assessents happen , say, every 6 months and they become fit, then not fit etc? Or can you still be recognised as disabled even though you don't claim ESA/DLA but have a GP/consultant diagnosis?
I also note that you can no longer put your postcode in to check for cold weather payments and they say you will get them automatically. They told me the past few years I would get them automatically but I had to ask for them!


Hi MG,

I gather that you have checked from the link "Definition of disability under the Equality Act 2010", which takes you here :

www.gov.uk/definition-of-disability-under-equality-act-2010

As far as I am aware, there is no longer a facility to be "Registered Disabled", there used to be the Green Card scheme several years ago.

The point of being covered by the definition of a disabled person, is that you are then covered by such things as "Reasonable Adjustments" etc, in the work place, or when dealing with a public service provider, (ATOS & DWP included)

Further, if you were to litigate against a party, under EA2010 (Disability), you would have to show that you fulfilled the definition of a "Disabled Person", in fact that would be the first hurdle to overcome.

The whole ethos now adopted is that disabled people "CAN" work, this why you see such statements in the ESA85/A as "The claimant has significant disability", even when they are put into WRAG.

As for the postcode query regarding cold weather payments, you've read more than I, at this time :laugh:

So again, we have the scenario of what they should do, and what they will actually do.

Cheers. :)

bro58
Last edit: 11 years 4 months ago by bro58.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 4 months ago #93819 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Registered disabled
mumsgirl wrote:

Hi Bro58,
Hope all is well (as it can be!)
I saw your link re disability etc for the GOV site, and according to the definition I am disabled (mental). I was just wondering if there was such a place to register disabled? I thought there was years ago, but not sure now? Or is that what DLA is for?
I wonder what happens to people that are disabled (to you, me and GPs, but not ATOS/DWP) but are constantly found fit, not fit, etc how will they ever be recognised as disabled because they might not be disabled for a year if the assessents happen , say, every 6 months and they become fit, then not fit etc? Or can you still be recognised as disabled even though you don't claim ESA/DLA but have a GP/consultant diagnosis?

I also note that you can no longer put your postcode in to check for cold weather payments and they say you will get them automatically. They told me the past few years I would get them automatically but I had to ask for them!

You can if you wish still register with your local Social Services Dept as 'disabled' under the 'Chronically Sick and Disabled Persons Act 1970', but to the best of my knowledge there is no advantage in doing so, since there is other legislation covering this.

As Bro has advised, it used to be possible to register with your former Unemployment Office
under what was called the 'Green Card' scheme but this is now defunct due to new legislation also.

Information on Cold Weather Payments are HERE

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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11 years 4 months ago - 11 years 4 months ago #93871 by mumsgirl
Replied by mumsgirl on topic Re:Registered disabled
bro58 wrote:

The whole ethos now adopted is that disabled people "CAN" work, this why you see such statements in the ESA85/A as "The claimant has significant disability", even when they are put into WRAG.


Thank you both for replying. I have tried to 'quote' but have no idea if it will work! What you wrote is what I was trying to get at - if someone gets called for another assessment and then gets declared fit (even though they and they GP disagree!) does that mean they will lose their 'disabled status' - can you only be 'officially' disabled if you get ESA?
And if I read it correctly, you have to be disabled for a year before you qualify as 'disabled' under the equality act, so what happens if you get reassessed every 6 months and sometimes you get declared fit, does that mean you aren't disabled under the act? I hope you understand what I mean because i am finding it hard to explain!!
Last edit: 11 years 4 months ago by Gordon. Reason: corrected quote

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  • bro58
11 years 4 months ago #93874 by bro58
Replied by bro58 on topic Re:Registered disabled
mumsgirl wrote:

bro58 wrote:

The whole ethos now adopted is that disabled people "CAN" work, this why you see such statements in the ESA85/A as "The claimant has significant disability", even when they are put into WRAG.


Thank you both for replying. I have tried to 'quote' but have no idea if it will work! What you wrote is what I was trying to get at - if someone gets called for another assessment and then gets declared fit (even though they and they GP disagree!) does that mean they will lose their 'disabled status' - can you only be 'officially' disabled if you get ESA?
And if I read it correctly, you have to be disabled for a year before you qualify as 'disabled' under the equality act, so what happens if you get reassessed every 6 months and sometimes you get declared fit, does that mean you aren't disabled under the act? I hope you understand what I mean because i am finding it hard to explain!!


Hi MG,

Being in receipt of a benefit is not significant in being classed as a "Disabled Person".

Many people who work, and do not claim any benefit whatsoever are classed as "Disabled" as they fulfill the criteria set out here :

www.gov.uk/definition-of-disability-under-equality-act-2010

bro58

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11 years 4 months ago #93876 by Gordon
Replied by Gordon on topic Re:Registered disabled
mumsgirl wrote:

Thank you both for replying. I have tried to 'quote' but have no idea if it will work! What you wrote is what I was trying to get at - if someone gets called for another assessment and then gets declared fit (even though they and they GP disagree!) does that mean they will lose their 'disabled status' - can you only be 'officially' disabled if you get ESA?
And if I read it correctly, you have to be disabled for a year before you qualify as 'disabled' under the equality act, so what happens if you get reassessed every 6 months and sometimes you get declared fit, does that mean you aren't disabled under the act? I hope you understand what I mean because i am finding it hard to explain!!

Not necessaril, for example it is possible to qualify for a Blue Badge without being in receipt of DLA HRM.

No longer being eligible for ESA or even DLA, simply means that you do not meet a very specific requirement, the Disability legislation uses a far more generalised definition of what it is to be disabled.

Gordon

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